Terms and conditions
These Terms of Use were last updated on 21st Jan 2020.
These Terms of Use ("Terms of Use") apply to CREBACO GLOBAL INC. and its affiliates, which you have a contract with or which provide services to you, (collectively or individually, as applicable, referred to as "CREBACO GLOBAL INC.", "Company" "we", "our", "us").
By accessing and using any of CREBACO GLOBAL INC. Global's websites including any connected mobile application or version thereof (each a "Site"), you agree to be legally bound by these Terms of Use, privacy policies, legal disclaimers and other code of conduct of the company.
These Terms of Use contain terms, conditions, covenants and provisions upon which you may access and use a Site and all content, including, without limitation, text, ratings, opinions, photographs, video, audio, graphics, tools, analytics, functionality, products and information (collectively, the "Content") displayed and/or otherwise contained on a Site. If at any time you do not agree with the Terms of Use, you will stop accessing and/or using the Site(s) and the Content. Each Site and the Content contained therein is the exclusive property of CREBACO GLOBAL INC. Global or its suppliers.
Notwithstanding anything in the Terms of Use to the contrary, your rights to use certain material available on or through each Site may be subject to separate written license agreements with CREBACO GLOBAL INC. Global ("Other Agreements"). In the event you have another Agreement to access all or any portion of a Site, including any separately entitled sections of a Site, then the Other Agreement, rather than these Terms of Use, will govern your use of such Site. In the event of a conflict between your Other Agreement and these Terms of Use, the terms and conditions in the Other Agreement shall prevail.
Any attempt by you to modify these Terms of Use is expressly rejected by CREBACO GLOBAL INC. and shall have no force or effect regarding your use of a Site. CREBACO GLOBAL INC. may change these Terms of Use at any time without notice. Changes will be posted on each Site under "Terms of Use". Your access and use of a Site after any changes have been posted will constitute your agreement to the modified Terms of Use and any changes. Therefore, you should read these Terms of Use from time to time to be aware of any such changes.
USE OF THE SITE(S), ACCESSING REPORTS AND CONTENT
CREBACO GLOBAL INC. grants you a personal, revocable, non-exclusive, non-transferable, limited license to access and use the Site(s) and the Content conditioned upon your compliance with these Terms of Use. The Site(s) and the Content contained therein may be used solely for viewing, ad hoc non-commercial use.
You may not license, sublicense, transfer, sell, resell, publish, reproduce and/or otherwise redistribute a Site, including the Content or any component thereof in any manner (including, but not limited to, via or as part of any Internet site). You may not a) use the Content or any portion of the Site as part of any intranet or other internal network; b) create archival or derivative works based on the Content or any portion thereof; or c) modify, reverse-engineer, disassemble, decompile or store any Content or any portion of the Site. You may not use a Site or any Content contained therein, in whole or in part in any manner that either competes or is intended to compete with CREBACO GLOBAL INC. or its affiliates, including without limitation, any distribution of any Content or a derivative work based thereon. You may not use a Site for any illegal purpose or in any manner inconsistent with these Terms of Use. CREBACO GLOBAL INC. Global may discontinue or change a Site and any Content contained therein, or their availability to you, at any time without notice. CREBACO GLOBAL INC. Global is not under any obligation to update any Content following publication on a Site. The terms of these Terms of Use will survive any such discontinuation.
Non-Historical Ratings made available on crebaco.com
All ratings on the Site, excluding only the Ratings History, are referred to as "Non-Historical Ratings", regardless of their currency or date of issuance. Except as expressly set forth below, you agree not to copy, reproduce, modify, create derivative works from, or store any Non-Historical Ratings, in whole or in part, from the Site or to display, perform, publish, distribute, transmit, broadcast or circulate any Non-Historical Ratings to anyone, or use any Non-Historical Ratings for any commercial purpose, without the express prior written consent of CREBACO GLOBAL INC. Ratings. You may, (a) on an ad hoc basis, use individual Non-Historical Ratings in the ordinary course of securities disclosure activities and the drafting of transaction documents internally within your organization or publish, on a non-commercial basis, selected individual Non-Historical Ratings, and (b) only insofar as you are directly compelled by applicable law or regulation: (1) include credit ratings within a report required by that law or regulation and (2) deliver such report only to such regulator, or authority or government agency as is identified by that law or regulation and solely insofar as to meet your own obligations under that law or regulation and not for the benefit of another party.
Notwithstanding the foregoing:
Other Content made available on social media, blogs and website(s)
Material that appears on the Site that is entered by you or other Users, or that is otherwise made accessible by other than CREBACO GLOBAL INC., is referred to as "Other Content"). You may use Other Content in accordance with the terms set forth above relating to use of Narrative Content. CREBACO GLOBAL INC.' use of Other Content that you submit is governed by terms mentioned in this document.
INTELLECTUAL PROPERTY RIGHTS AND UNLAWFUL USE
All proprietary rights (including, but not limited to, copyrights, trade secrets, database rights, trademark rights, rights to trade names, service marks and other product and service names and logos) contained within a Site and any and all Content, including, but not limited to, all information, data, ratings and ratings symbology, software, products and documentation contained or included therein, are and shall remain the sole and exclusive property of CREBACO GLOBAL INC. and its suppliers. Each Site and any and all Content contained herein is protected by copyright in addition to other intellectual property laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on a Site may be registered or unregistered marks of CREBACO GLOBAL INC. or others. Nothing contained on a Site shall be construed as granting any license or right to use any of the Marks displayed on the Site absent the express written permission of CREBACO GLOBAL INC. or a third-party owner of such Marks. You agree to honor all reasonable requests by CREBACO GLOBAL INC. or its suppliers to protect and preserve their respective proprietary interests in each Site and any and all Content contained therein. Each Site and the Content are compiled, prepared, revised, selected and arranged by CREBACO GLOBAL INC. and its suppliers through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and each Site and any and all Content constitute valuable intellectual property of CREBACO GLOBAL INC. and its suppliers. Copying of, use of, access to or distribution of a Site or any Content contained therein in breach of these Terms of Use may cause CREBACO GLOBAL INC. and/or its suppliers’ irreparable injury that cannot be adequately compensated for by means of monetary damages. Any breach hereof by you may be enforced by CREBACO GLOBAL INC. or its suppliers by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies. Any actual or attempted illegal or unauthorized uses of a Site, the Marks or any Content are strictly prohibited and may result in criminal and/or civil prosecution.
Export Restrictions. CREBACO GLOBAL INC. does not in any manner warrant or represent that the materials on a Site, including any Content contained therein, are appropriate or available for use in any particular location. If you choose to access a Site including any Content therein, you do so on your own initiative and you are responsible for compliance with all applicable laws.
NOTE: For your protection, CREBACO GLOBAL INC. reserves the right to view, monitor, and record activity on the Site in accordance with CREBACO GLOBAL INC. Privacy Policy and Cookie Notice, to the fullest extent permitted by applicable law. CREBACO GLOBAL INC. hereby reserves the right to discontinue access to a Site either with or without notice if CREBACO GLOBAL INC. has a reasonable basis to believe that a User is accessing or using any Content in violation of these Terms of Use, in addition to any other available rights and remedies.
ANTI-HACKING PROVISIONS
You expressly agree not to:
use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data-mining," "computer code" or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of a Site, any Content found on or accessed through a Site, or any User Content without the prior express written consent of CREBACO GLOBAL INC.
obtain or attempt to obtain through any means any Content on a Site that has not been intentionally made publicly available, either by their public display on a Site or through their accessibility by a visible link on a Site;
violate any measure employed to limit or prevent access to a Site or the Content;
violate the security of a Site or attempt to gain unauthorized access to a Site, the Content, or data, materials, information, computer systems or networks connected to any CREBACO GLOBAL INC. server(s), through hacking, password mining or any other means;
interfere or attempt to interfere with the proper working of a Site or any activities conducted on or through a Site, including accessing any Content prior to the time that it is intended to be available to the public on a Site;
take or attempt any action that, in the sole discretion of CREBACO GLOBAL INC. Global, imposes or may impose an unreasonable or disproportionately large load or burden on a Site or the CREBACO GLOBAL INC. Global infrastructure;
misuse a Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
DISCLAIMER AND LIMITATIONS OF LIABILITY
CREBACO GLOBAL INC. not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREBACO GLOBAL INC., AND ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO A SITE OR ANY CONTENT, INCLUDING INFORMATION, DATA, SOFTWARE OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. A reference to a particular investment or security, a credit rating or any observation concerning an investment or security provided on a Site is not a recommendation to buy, sell or hold such investment or security or make any other investment decisions and does not address the suitability of any investment or security. Content should not be relied on and is not a substitute for the skill, judgment and your experience or the experience of your advisors and/or clients in making investment and other business decisions. CREBACO GLOBAL INC. does not act nor shall be deemed to be acting as a fiduciary in providing a Site or any Content.
NEITHER CREBACO GLOBAL INC. NOR ANY OF ITS SUPPLIERS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF A SITE, ANY CONTENT OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT THERETO OR THAT A SITE OR ANY CONTENT WILL BE FREE OF VIRUSES, WORMS OR “TROJAN HORSES”. NEITHER CREBACO GLOBAL INC. NOR ANY OF ITS SUPPLIERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS IN A SITE, INCLUDING CONTENT. EACH SITE, CONTENT CONTAINED THEREIN AND ANY AND ALL COMPONENTS THEREOF, IS PROVIDED ON AN "AS-IS" BASIS AND YOUR USE OF A SITE AND ANY CONTENT IS AT YOUR OWN RISK.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT WHATSOEVER SHALL CREBACO GLOBAL INC. GLOBAL OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, TRADING LOSSES OR LOST TIME OR GOOD WILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. NEITHER CREBACO GLOBAL INC. NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES.
IN THE EVENT THAT LIABILITY IS NEVERTHELESS IMPOSED ON CREBACO GLOBAL INC. OR ITS SUPPLIERS, IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF CREBACO GLOBAL INC. AND ITS SUPPLIERS IN CONNECTION WITH A SITE, ANY CONTENT AND/OR THESE TERMS OF USE, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS (US$100). NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO YOUR USE OF A SITE OR THE CONTENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.
CREBACO GLOBAL INC. RATINGS’ CREDIT RATINGS AND PUBLICATIONS ARE NOT INTENDED FOR USE BY RETAIL INVESTORS AND IT WOULD BE RECKLESS FOR RETAIL INVESTORS TO CONSIDER CREBACO GLOBAL INC. RATINGS OR PUBLICATIONS IN MAKING ANY INVESTMENT DECISION. IF IN DOUBT YOU SHOULD CONTACT YOUR FINANCIAL OR OTHER PROFESSIONAL ADVISER.
The ratings and credit related analyses of CREBACO GLOBAL INC. Global Ratings and its affiliates and the observations contained in reports and articles published on this Site are statements of opinion as of the date they are expressed and not statements of fact or recommendations to purchase, hold, or sell any securities or make any investment decisions. CREBACO GLOBAL INC. assumes no obligation to update any information following publication. Users of the information provided through this Site should not rely on any of it in making any investment decision. CREBACO GLOBAL INC.’ opinions and analyses do not address the suitability of any security. CREBACO GLOBAL INC. does not act as a fiduciary or an investment advisor. While CREBACO GLOBAL INC. has obtained information from sources it believes to be reliable, CREBACO GLOBAL INC. Global Ratings does not perform an audit and undertakes no duty of due diligence or independent verification of any information it receives. CREBACO GLOBAL INC. keeps certain activities of its business units separate from each other in order to preserve the independence and objectivity of each of these activities. As a result, certain business units of CREBACO GLOBAL INC. may have information that is not available to other CREBACO GLOBAL INC. business units. CREBACO GLOBAL INC. has established policies and procedures to maintain the confidentiality of certain non-public information received in connection with each analytical process.
The CREBACO GLOBAL INC. businesses may receive compensation for assigning credit ratings or engaging in other analytical activities normally from issuers of the securities or third parties participating in marketing the securities. CREBACO GLOBAL INC. reserves the right to disseminate its opinions and analyses. CREBACO GLOBAL INC.’ public ratings and analyses are made available on its Sites.
You are entirely liable for activities conducted by you or anyone else in connection with your browsing and access to and use of a Site. If you are dissatisfied with a Site or with these Terms of Use, your sole and exclusive remedy is to stop using such Site.
LINKS TO OTHER WEB SITES FROM THIS SITE
You may, through hypertext or other computer links, gain access to web sites operated by persons other than CREBACO GLOBAL INC. Such hyperlinks are provided for your reference and convenience only and are the exclusive responsibility of the owners of each such web site. You agree that CREBACO GLOBAL INC. is not responsible for the content or operation of such web sites, and that CREBACO GLOBAL INC. shall have no liability to you or any other person or entity for the use of third-party web sites. Except as described below, a hyperlink from a Site to another web site does not imply or mean that CREBACO GLOBAL INC. endorses the content on such web site or the operator or operations of such web site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from a Site.
As you browse through a Site you may access other web sites that are subject to different terms of use. When you use those other web sites, you may be legally bound by the specific terms of use posted on such web sites. If there is a conflict between these Terms of Use and other terms of use of such web sites, the terms of use of such web sites will govern with respect to your use of such web sites.
USER CONTENT
The User grants to CREBACO GLOBAL INC. a perpetual, nonexclusive, irrevocable, fully paid, royalty-free, sublicensable and transferable (in whole or in part) worldwide right and license in any and all media, now known or later developed, to use, publish, reproduce, display, modify, transmit digitally, create derivative works based upon and otherwise exploit all material posted to or received through a Site by, from or on behalf of the User or anyone else using the User’s account (other than third party material transmitted through private electronic mail) (“User Content”) (including, without limitation, any names, voices, likenesses, performances and actions contained therein) for any purpose whatsoever (including, without limitation, advertising, commercial, promotional and publicity purposes) in CREBACO GLOBAL INC.’s discretion without notice, approval, attribution or consideration to you or to any other person or entity. You represent and warrant that you have all rights necessary to grant the foregoing license, that neither the permission nor consent of any other person or entity is required to enable CREBACO GLOBAL INC. to legally use the User Content in accordance with this license; that all User Content provided to a Site by you or anyone else using your account complies with all applicable laws, rules and regulations; and that CREBACO GLOBAL INC. use of the User Content in accordance with this license will not violate or infringe upon the rights of any person or entity.
Users entering material into a Site are responsible for the content of that material. CREBACO GLOBAL INC. does not have any responsibility for User Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from a Site. However, CREBACO GLOBAL INC. retains the right, to review, edit or delete User Content that CREBACO GLOBAL INC. deems to be illegal, offensive or otherwise inappropriate.
You may not input or distribute any material through the Site that is promotional in nature, including solicitations for funds or business, without the prior written authorization of CREBACO GLOBAL INC.
PRIVACY POLICY AND COOKIE NOTICE
Please see the CREBACO GLOBAL INC. Privacy Policy and Cookie Notice for information on CREBACO GLOBAL INC. data collection and use practices with respect to a Site.
As part of access to portions of a Site, you may be required to provide certain information, such as, your name and email address. In addition, you may be required to select a username and password. You represent and warrant that any information you provide to CREBACO GLOBAL INC. in connection with a Site shall be accurate and complete. You further agree to keep any passwords/user IDs in connection with a Site in strict confidence and promptly advise CREBACO GLOBAL INC. of any actual or threatened unauthorized disclosure or misuse of a Site or any passwords/user IDs with respect to a Site that come to your attention. You shall cooperate with CREBACO GLOBAL INC. in enforcing the restrictions and limitations set forth herein.
COUNTRY CONDITIONS
The terms and conditions set forth in this section (the “Country Conditions”) are the result of various regulatory and/or legal requirements relating to usage of a Site including its Content. Your use of a Site in the specified jurisdictions is subject to the Country Conditions. In the event your use of the Ratings is in any country, you further acknowledge and agree to the following: the Ratings shall not in any circumstances be used by you where, as part of an effort to sell securities to Retail Investors (as defined below), you use the Ratings: (a) to create a type of recommendation, (b) to create your own interpretation of the Ratings or (c) in some other form of “risk classification”. For the purposes of this Terms of Use, “Retail Investor” shall mean an individual investor who buys and sells securities or other financial products for his/her personal account, and not for another company, individual or organization.
ADDITIONAL LEGAL TERMS
These Terms of Use constitute the entire agreement between the parties relating to each Site and supersedes any and all other agreements, oral or in writing, with respect to such Site. The failure of CREBACO GLOBAL INC. to insist upon strict compliance with any term of these Terms of Use shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. To the fullest extent permitted by law, you shall indemnify, hold harmless and defend CREBACO GLOBAL INC. and its suppliers from and against any and all costs, claims, damages or liabilities (including reasonable attorneys’ fees and court costs) arising out of any breach by you of Section 3 (Anti-hacking Provisions). These Terms of Use are personal to you, and you may not assign your rights or obligations to anyone. If any term or condition hereof is found by a court, administrative agency or jurisdiction to be invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant term shall be deemed deleted and the remaining terms and conditions hereof shall remain in full force and effect and shall be enforceable to the maximum extent permitted by law. These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use shall be governed by the laws of the countries where CREBACO Global is incorporated. Any claim must be brought in the claimant’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum.
These Terms of Use ("Terms of Use") apply to CREBACO GLOBAL INC. and its affiliates, which you have a contract with or which provide services to you, (collectively or individually, as applicable, referred to as "CREBACO GLOBAL INC.", "Company" "we", "our", "us").
By accessing and using any of CREBACO GLOBAL INC. Global's websites including any connected mobile application or version thereof (each a "Site"), you agree to be legally bound by these Terms of Use, privacy policies, legal disclaimers and other code of conduct of the company.
These Terms of Use contain terms, conditions, covenants and provisions upon which you may access and use a Site and all content, including, without limitation, text, ratings, opinions, photographs, video, audio, graphics, tools, analytics, functionality, products and information (collectively, the "Content") displayed and/or otherwise contained on a Site. If at any time you do not agree with the Terms of Use, you will stop accessing and/or using the Site(s) and the Content. Each Site and the Content contained therein is the exclusive property of CREBACO GLOBAL INC. Global or its suppliers.
Notwithstanding anything in the Terms of Use to the contrary, your rights to use certain material available on or through each Site may be subject to separate written license agreements with CREBACO GLOBAL INC. Global ("Other Agreements"). In the event you have another Agreement to access all or any portion of a Site, including any separately entitled sections of a Site, then the Other Agreement, rather than these Terms of Use, will govern your use of such Site. In the event of a conflict between your Other Agreement and these Terms of Use, the terms and conditions in the Other Agreement shall prevail.
Any attempt by you to modify these Terms of Use is expressly rejected by CREBACO GLOBAL INC. and shall have no force or effect regarding your use of a Site. CREBACO GLOBAL INC. may change these Terms of Use at any time without notice. Changes will be posted on each Site under "Terms of Use". Your access and use of a Site after any changes have been posted will constitute your agreement to the modified Terms of Use and any changes. Therefore, you should read these Terms of Use from time to time to be aware of any such changes.
USE OF THE SITE(S), ACCESSING REPORTS AND CONTENT
CREBACO GLOBAL INC. grants you a personal, revocable, non-exclusive, non-transferable, limited license to access and use the Site(s) and the Content conditioned upon your compliance with these Terms of Use. The Site(s) and the Content contained therein may be used solely for viewing, ad hoc non-commercial use.
You may not license, sublicense, transfer, sell, resell, publish, reproduce and/or otherwise redistribute a Site, including the Content or any component thereof in any manner (including, but not limited to, via or as part of any Internet site). You may not a) use the Content or any portion of the Site as part of any intranet or other internal network; b) create archival or derivative works based on the Content or any portion thereof; or c) modify, reverse-engineer, disassemble, decompile or store any Content or any portion of the Site. You may not use a Site or any Content contained therein, in whole or in part in any manner that either competes or is intended to compete with CREBACO GLOBAL INC. or its affiliates, including without limitation, any distribution of any Content or a derivative work based thereon. You may not use a Site for any illegal purpose or in any manner inconsistent with these Terms of Use. CREBACO GLOBAL INC. Global may discontinue or change a Site and any Content contained therein, or their availability to you, at any time without notice. CREBACO GLOBAL INC. Global is not under any obligation to update any Content following publication on a Site. The terms of these Terms of Use will survive any such discontinuation.
Non-Historical Ratings made available on crebaco.com
All ratings on the Site, excluding only the Ratings History, are referred to as "Non-Historical Ratings", regardless of their currency or date of issuance. Except as expressly set forth below, you agree not to copy, reproduce, modify, create derivative works from, or store any Non-Historical Ratings, in whole or in part, from the Site or to display, perform, publish, distribute, transmit, broadcast or circulate any Non-Historical Ratings to anyone, or use any Non-Historical Ratings for any commercial purpose, without the express prior written consent of CREBACO GLOBAL INC. Ratings. You may, (a) on an ad hoc basis, use individual Non-Historical Ratings in the ordinary course of securities disclosure activities and the drafting of transaction documents internally within your organization or publish, on a non-commercial basis, selected individual Non-Historical Ratings, and (b) only insofar as you are directly compelled by applicable law or regulation: (1) include credit ratings within a report required by that law or regulation and (2) deliver such report only to such regulator, or authority or government agency as is identified by that law or regulation and solely insofar as to meet your own obligations under that law or regulation and not for the benefit of another party.
Notwithstanding the foregoing:
- Non-Historical Ratings may not be compiled into a database;
- Non-Historical Ratings may not be used or disseminated in a manner that would serve as a substitute for any CREBACO GLOBAL INC. product or service for which a fee is charged; and
- Non-Historical Ratings may not be systematically distributed or shared.
- Narrative Content made available on our websites, social media and blogs
Other Content made available on social media, blogs and website(s)
Material that appears on the Site that is entered by you or other Users, or that is otherwise made accessible by other than CREBACO GLOBAL INC., is referred to as "Other Content"). You may use Other Content in accordance with the terms set forth above relating to use of Narrative Content. CREBACO GLOBAL INC.' use of Other Content that you submit is governed by terms mentioned in this document.
INTELLECTUAL PROPERTY RIGHTS AND UNLAWFUL USE
All proprietary rights (including, but not limited to, copyrights, trade secrets, database rights, trademark rights, rights to trade names, service marks and other product and service names and logos) contained within a Site and any and all Content, including, but not limited to, all information, data, ratings and ratings symbology, software, products and documentation contained or included therein, are and shall remain the sole and exclusive property of CREBACO GLOBAL INC. and its suppliers. Each Site and any and all Content contained herein is protected by copyright in addition to other intellectual property laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on a Site may be registered or unregistered marks of CREBACO GLOBAL INC. or others. Nothing contained on a Site shall be construed as granting any license or right to use any of the Marks displayed on the Site absent the express written permission of CREBACO GLOBAL INC. or a third-party owner of such Marks. You agree to honor all reasonable requests by CREBACO GLOBAL INC. or its suppliers to protect and preserve their respective proprietary interests in each Site and any and all Content contained therein. Each Site and the Content are compiled, prepared, revised, selected and arranged by CREBACO GLOBAL INC. and its suppliers through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and each Site and any and all Content constitute valuable intellectual property of CREBACO GLOBAL INC. and its suppliers. Copying of, use of, access to or distribution of a Site or any Content contained therein in breach of these Terms of Use may cause CREBACO GLOBAL INC. and/or its suppliers’ irreparable injury that cannot be adequately compensated for by means of monetary damages. Any breach hereof by you may be enforced by CREBACO GLOBAL INC. or its suppliers by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies. Any actual or attempted illegal or unauthorized uses of a Site, the Marks or any Content are strictly prohibited and may result in criminal and/or civil prosecution.
Export Restrictions. CREBACO GLOBAL INC. does not in any manner warrant or represent that the materials on a Site, including any Content contained therein, are appropriate or available for use in any particular location. If you choose to access a Site including any Content therein, you do so on your own initiative and you are responsible for compliance with all applicable laws.
NOTE: For your protection, CREBACO GLOBAL INC. reserves the right to view, monitor, and record activity on the Site in accordance with CREBACO GLOBAL INC. Privacy Policy and Cookie Notice, to the fullest extent permitted by applicable law. CREBACO GLOBAL INC. hereby reserves the right to discontinue access to a Site either with or without notice if CREBACO GLOBAL INC. has a reasonable basis to believe that a User is accessing or using any Content in violation of these Terms of Use, in addition to any other available rights and remedies.
ANTI-HACKING PROVISIONS
You expressly agree not to:
use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data-mining," "computer code" or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of a Site, any Content found on or accessed through a Site, or any User Content without the prior express written consent of CREBACO GLOBAL INC.
obtain or attempt to obtain through any means any Content on a Site that has not been intentionally made publicly available, either by their public display on a Site or through their accessibility by a visible link on a Site;
violate any measure employed to limit or prevent access to a Site or the Content;
violate the security of a Site or attempt to gain unauthorized access to a Site, the Content, or data, materials, information, computer systems or networks connected to any CREBACO GLOBAL INC. server(s), through hacking, password mining or any other means;
interfere or attempt to interfere with the proper working of a Site or any activities conducted on or through a Site, including accessing any Content prior to the time that it is intended to be available to the public on a Site;
take or attempt any action that, in the sole discretion of CREBACO GLOBAL INC. Global, imposes or may impose an unreasonable or disproportionately large load or burden on a Site or the CREBACO GLOBAL INC. Global infrastructure;
misuse a Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
DISCLAIMER AND LIMITATIONS OF LIABILITY
CREBACO GLOBAL INC. not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREBACO GLOBAL INC., AND ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO A SITE OR ANY CONTENT, INCLUDING INFORMATION, DATA, SOFTWARE OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. A reference to a particular investment or security, a credit rating or any observation concerning an investment or security provided on a Site is not a recommendation to buy, sell or hold such investment or security or make any other investment decisions and does not address the suitability of any investment or security. Content should not be relied on and is not a substitute for the skill, judgment and your experience or the experience of your advisors and/or clients in making investment and other business decisions. CREBACO GLOBAL INC. does not act nor shall be deemed to be acting as a fiduciary in providing a Site or any Content.
NEITHER CREBACO GLOBAL INC. NOR ANY OF ITS SUPPLIERS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF A SITE, ANY CONTENT OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT THERETO OR THAT A SITE OR ANY CONTENT WILL BE FREE OF VIRUSES, WORMS OR “TROJAN HORSES”. NEITHER CREBACO GLOBAL INC. NOR ANY OF ITS SUPPLIERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS IN A SITE, INCLUDING CONTENT. EACH SITE, CONTENT CONTAINED THEREIN AND ANY AND ALL COMPONENTS THEREOF, IS PROVIDED ON AN "AS-IS" BASIS AND YOUR USE OF A SITE AND ANY CONTENT IS AT YOUR OWN RISK.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT WHATSOEVER SHALL CREBACO GLOBAL INC. GLOBAL OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, TRADING LOSSES OR LOST TIME OR GOOD WILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. NEITHER CREBACO GLOBAL INC. NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES.
IN THE EVENT THAT LIABILITY IS NEVERTHELESS IMPOSED ON CREBACO GLOBAL INC. OR ITS SUPPLIERS, IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF CREBACO GLOBAL INC. AND ITS SUPPLIERS IN CONNECTION WITH A SITE, ANY CONTENT AND/OR THESE TERMS OF USE, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS (US$100). NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO YOUR USE OF A SITE OR THE CONTENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.
CREBACO GLOBAL INC. RATINGS’ CREDIT RATINGS AND PUBLICATIONS ARE NOT INTENDED FOR USE BY RETAIL INVESTORS AND IT WOULD BE RECKLESS FOR RETAIL INVESTORS TO CONSIDER CREBACO GLOBAL INC. RATINGS OR PUBLICATIONS IN MAKING ANY INVESTMENT DECISION. IF IN DOUBT YOU SHOULD CONTACT YOUR FINANCIAL OR OTHER PROFESSIONAL ADVISER.
The ratings and credit related analyses of CREBACO GLOBAL INC. Global Ratings and its affiliates and the observations contained in reports and articles published on this Site are statements of opinion as of the date they are expressed and not statements of fact or recommendations to purchase, hold, or sell any securities or make any investment decisions. CREBACO GLOBAL INC. assumes no obligation to update any information following publication. Users of the information provided through this Site should not rely on any of it in making any investment decision. CREBACO GLOBAL INC.’ opinions and analyses do not address the suitability of any security. CREBACO GLOBAL INC. does not act as a fiduciary or an investment advisor. While CREBACO GLOBAL INC. has obtained information from sources it believes to be reliable, CREBACO GLOBAL INC. Global Ratings does not perform an audit and undertakes no duty of due diligence or independent verification of any information it receives. CREBACO GLOBAL INC. keeps certain activities of its business units separate from each other in order to preserve the independence and objectivity of each of these activities. As a result, certain business units of CREBACO GLOBAL INC. may have information that is not available to other CREBACO GLOBAL INC. business units. CREBACO GLOBAL INC. has established policies and procedures to maintain the confidentiality of certain non-public information received in connection with each analytical process.
The CREBACO GLOBAL INC. businesses may receive compensation for assigning credit ratings or engaging in other analytical activities normally from issuers of the securities or third parties participating in marketing the securities. CREBACO GLOBAL INC. reserves the right to disseminate its opinions and analyses. CREBACO GLOBAL INC.’ public ratings and analyses are made available on its Sites.
You are entirely liable for activities conducted by you or anyone else in connection with your browsing and access to and use of a Site. If you are dissatisfied with a Site or with these Terms of Use, your sole and exclusive remedy is to stop using such Site.
LINKS TO OTHER WEB SITES FROM THIS SITE
You may, through hypertext or other computer links, gain access to web sites operated by persons other than CREBACO GLOBAL INC. Such hyperlinks are provided for your reference and convenience only and are the exclusive responsibility of the owners of each such web site. You agree that CREBACO GLOBAL INC. is not responsible for the content or operation of such web sites, and that CREBACO GLOBAL INC. shall have no liability to you or any other person or entity for the use of third-party web sites. Except as described below, a hyperlink from a Site to another web site does not imply or mean that CREBACO GLOBAL INC. endorses the content on such web site or the operator or operations of such web site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from a Site.
As you browse through a Site you may access other web sites that are subject to different terms of use. When you use those other web sites, you may be legally bound by the specific terms of use posted on such web sites. If there is a conflict between these Terms of Use and other terms of use of such web sites, the terms of use of such web sites will govern with respect to your use of such web sites.
USER CONTENT
The User grants to CREBACO GLOBAL INC. a perpetual, nonexclusive, irrevocable, fully paid, royalty-free, sublicensable and transferable (in whole or in part) worldwide right and license in any and all media, now known or later developed, to use, publish, reproduce, display, modify, transmit digitally, create derivative works based upon and otherwise exploit all material posted to or received through a Site by, from or on behalf of the User or anyone else using the User’s account (other than third party material transmitted through private electronic mail) (“User Content”) (including, without limitation, any names, voices, likenesses, performances and actions contained therein) for any purpose whatsoever (including, without limitation, advertising, commercial, promotional and publicity purposes) in CREBACO GLOBAL INC.’s discretion without notice, approval, attribution or consideration to you or to any other person or entity. You represent and warrant that you have all rights necessary to grant the foregoing license, that neither the permission nor consent of any other person or entity is required to enable CREBACO GLOBAL INC. to legally use the User Content in accordance with this license; that all User Content provided to a Site by you or anyone else using your account complies with all applicable laws, rules and regulations; and that CREBACO GLOBAL INC. use of the User Content in accordance with this license will not violate or infringe upon the rights of any person or entity.
Users entering material into a Site are responsible for the content of that material. CREBACO GLOBAL INC. does not have any responsibility for User Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from a Site. However, CREBACO GLOBAL INC. retains the right, to review, edit or delete User Content that CREBACO GLOBAL INC. deems to be illegal, offensive or otherwise inappropriate.
You may not input or distribute any material through the Site that is promotional in nature, including solicitations for funds or business, without the prior written authorization of CREBACO GLOBAL INC.
PRIVACY POLICY AND COOKIE NOTICE
Please see the CREBACO GLOBAL INC. Privacy Policy and Cookie Notice for information on CREBACO GLOBAL INC. data collection and use practices with respect to a Site.
As part of access to portions of a Site, you may be required to provide certain information, such as, your name and email address. In addition, you may be required to select a username and password. You represent and warrant that any information you provide to CREBACO GLOBAL INC. in connection with a Site shall be accurate and complete. You further agree to keep any passwords/user IDs in connection with a Site in strict confidence and promptly advise CREBACO GLOBAL INC. of any actual or threatened unauthorized disclosure or misuse of a Site or any passwords/user IDs with respect to a Site that come to your attention. You shall cooperate with CREBACO GLOBAL INC. in enforcing the restrictions and limitations set forth herein.
COUNTRY CONDITIONS
The terms and conditions set forth in this section (the “Country Conditions”) are the result of various regulatory and/or legal requirements relating to usage of a Site including its Content. Your use of a Site in the specified jurisdictions is subject to the Country Conditions. In the event your use of the Ratings is in any country, you further acknowledge and agree to the following: the Ratings shall not in any circumstances be used by you where, as part of an effort to sell securities to Retail Investors (as defined below), you use the Ratings: (a) to create a type of recommendation, (b) to create your own interpretation of the Ratings or (c) in some other form of “risk classification”. For the purposes of this Terms of Use, “Retail Investor” shall mean an individual investor who buys and sells securities or other financial products for his/her personal account, and not for another company, individual or organization.
ADDITIONAL LEGAL TERMS
These Terms of Use constitute the entire agreement between the parties relating to each Site and supersedes any and all other agreements, oral or in writing, with respect to such Site. The failure of CREBACO GLOBAL INC. to insist upon strict compliance with any term of these Terms of Use shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. To the fullest extent permitted by law, you shall indemnify, hold harmless and defend CREBACO GLOBAL INC. and its suppliers from and against any and all costs, claims, damages or liabilities (including reasonable attorneys’ fees and court costs) arising out of any breach by you of Section 3 (Anti-hacking Provisions). These Terms of Use are personal to you, and you may not assign your rights or obligations to anyone. If any term or condition hereof is found by a court, administrative agency or jurisdiction to be invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant term shall be deemed deleted and the remaining terms and conditions hereof shall remain in full force and effect and shall be enforceable to the maximum extent permitted by law. These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use shall be governed by the laws of the countries where CREBACO Global is incorporated. Any claim must be brought in the claimant’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum.